UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
January 12, 2012
POLICE RETIREMENT SYSTEM OF ST. LOUIS, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
INTUITIVE SURGICAL, INC., BENJAMIN
GONG, ALEKS CUKIC, JEROME MCNAMARA, GARY GUTHART,
MARHSALL MOHR, AND LONNIE SMITH,
The opinion of the court was delivered by: Hon. Lucy H. Koh United States District Judge
KEKER & VAN NEST LLP ROBERT A. VAN NEST - #84065 2 Email:email@example.com MICHAEL D. CELIO - #197998 3 Email:firstname.lastname@example.org 633 Battery Street 4 San Francisco, CA 94111 Telephone: (415) 391-5400 5 Facsimile: (415) 397-7188 6 Attorneys for Defendants INTUITIVE SURGICAL, INC., BENJAMIN GONG, ALEKS 7 CUKIC, JEROME MCNAMARA, GARY GUTHART, MARHSALL MOHR, AND LONNIE SMITH,
STIPULATION RE DATE OF ORAL ARGUMENT ON MOTION TO DISMISS AMENDED COMPLAINT AND [PROPOSED] ORDER
WHEREAS, Defendants filed a Motion to Dismiss the Amended Class Action Complaint on October 13, 2011; and 25
WHEREAS, briefing has been completed and oral argument on that Motion is currently 26 set for January 26, 2012, along with a Case Management Conference; and 27
WHEREAS, counsel for Defendants, Michael Celio, is also trial counsel in Hilda L. Solis, Secretary of Labor, United States Dept. of Labor v. Jasmine Hall Care Homes, et al., Case No. 2:05-cv-01306-GEB KJM, pending before the Hon. Garland Burrell in the Eastern District 2 of California in Sacramento (as set forth in the accompanying Declaration of Michael D. Celio); 3 and 4
WHEREAS, based on discussions between counsel in the Solis v. Jasmine Hall matter, it 5 now appears certain that trial will extend past January 26, 2012 making it impossible for 6 Defendants' counsel to be present both at the Solis trial and before this Court; and 7
WHEREAS, a brief, two or three week extension would ensure that counsel for 1 Defendants could appear; and 9
WHEREAS, counsel have met and conferred on available dates, and Defendants' 10 counsel is available on either February 9 or February 16, 2012; and 11
WHEREAS, lead counsel for plaintiffs is available on February 9, 2012, and is 12 scheduled to appear before Judge Alsup in San Francisco on February 16, 2012; however, lead 13 counsel for plaintiffs will be able to accommodate if the Court finds February 16, 2012, more 14 convenient;
IT IS THEREFORE STIPULATED THAT:
1. Subject to the Court's approval, oral argument in this matter, as well as the case 17 management conference scheduled for the same date, shall be continued from January 26, 2012 18 until February 9, 2012 or to February 16, 2012 if that is more convenient for the Court. 19 20
Filer's Attestation: Pursuant to General Order No. 45, Section X.B. regrinding non- filing signatories, Michael D. Celio hereby attests that concurrence in the filing of this Stipulation and [Proposed] Order has been obtained from Ian Berg.
Pursuant to Stipulation and for good cause shown, oral argument on Defendants' Motion 13 to Dismiss the Amended Class Action Complaint and the Case Management Conference in this 14 action is continued from January 26, 2012 until _______________________ February 16, 2012, at 1:30 p.m.
IT IS SO ORDERED.
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